Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates appeared:
Mr. Passang Tshering Bhutia, Advocate, for the Petitioners; None present, for the Respondent

Party may withdraw a petition with the liberty to file afresh, aligning with procedural rules.

Headnote:(A) Civil Procedure Code, 1908 - Order IX Rule 9 - Withdrawal of petition - Petitioners sought to withdraw the petition with liberty to file afresh, which was permitted by the court. (Paras 2)

Facts of the case:
The petitioners, represented by Counsel, requested permission to withdraw the petition while maintaining the option to file a new one.

Findings of Court:
The court considered the request and granted the permission to withdraw the petition with liberty to file afresh.

Issues: The primary issue was the petitioners’ request for withdrawal of the petition and the conditions under which it could be granted.

Ratio Decidendi: The court concluded that allowing withdrawal with liberty to file afresh is a permissible course under the Civil Procedure Code, facilitating the petitioners' rights to pursue their claims anew.

Result: Petition disposed of as withdrawn.

JUDGMENT

Learned Counsel for the Petitioners seeks to withdraw the Petition with liberty to file afresh.

Considered and ordered accordingly.

CRP No.03 of 2021 stands disposed of as withdrawn.